TERMS OF SERVICE

LAST UPDATED JANUARY 5, 2022

Klineduo.com (“klineduo”, “klineports”, “our”, “we” or “us”) provide different tricks to photography, sell products, Feature Artists work and other services to users around the world. Please read our Terms of Service so you understand what’s up with your use of Klineduo. You agree to our Terms of Service (‘Terms”) by accessing, or using our services, features, software or website (“together”, “Services”).

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in any content of the site and application (including but not limited to text, graphics, software, photographs and other images, videos, button icons, digital downloads, sound, trademarks and logos) are owned by us or our licensors.

These are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the site. In the event you print off, copy or store pages from the site (only as permitted under these Terms), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.

Except as expressly set forth herein, Klineduo alone (and its licensors, where applicable) will retain all intellectual property rights relating to the service or any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any third party relating to the service, which are hereby assigned to Klineduo. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. This Agreement is not a sale and does not convey any rights of ownership in or related to the service, or any intellectual property rights. Getty Images offers a large and highly useful database for looking up intellectual property release requirements & rights: http://wiki.gettyimages.com/

All Images and/or photographs published on this website are copyrighted by their respective authors. Klineduo.com reserves the right to decide to host or not any photograph and/or Image, Idea that is submitted by users. Klineduo.com may add the KLINEDUO.com watermark on the Image to identify that Klineduo.com is hosting that Image. By doing this, we do not claim ownership to the Image and all rights are reserved by their respective authors. All Featured work published on Klineduo.com is properly credited with the respectful authors, artists & models. Therefore, if you wish to use these Images for any other use you must get permission from their respectful authors or from us where applicable.

We do not own the copyright of all the videos and pictures posted here! We just use it for recreation. This is fair use! All the credits go to the respective owners.

All brand icons are trademarks of their respective owners. The use of these trademarks does not indicate endorsement of the trademark holder by Klineduo, nor vice versa. **Please do not use brand logos for any purpose except to represent the company, product, or service to which they refer. **

FAIR USE:

*Copyright Disclaimer*

Under Section 107 of the Copyright Act 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use. More information on our License

All rights, including copyright and database right, in this website and its contents, are owned by or licensed to Klineduo, or otherwise used by Klineduo as permitted by applicable law. In accessing these webpages, you agree that you will access the contents solely for your own private use. You can download and use the service on a single computer at a time and you can print out a single hard copy of any part of the content of the website solely for these purposes.

You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark or copyright notice, or other notice, from such Content. If you operate a website and wish to link to the Site, you may do so provided you agree to cease such link immediately upon request from us. No other use is permitted without the prior written permission of klineduo. The permitted use described in this section is contingent on your compliance at all times with these Terms.

Except where explicitly provided for herein or on the Site, you may not republish any portion of the Content on any Internet, Intranet, extranet site or any other online or offline publication, or incorporate the Content in any database, compilation, archive, cache, or similar medium. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display, exploit, or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without our permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site nor to insert any code or product or manipulate the Content or the Site in any way or for any purpose, and not to use any data mining, data gathering or extraction method.

Requests to use Content for any purpose other than as permitted in these Terms should be directed to us. In certain cases, you may be able to use individual images, stories, articles or video that appear on the Site through online functionality we have specifically designated (e.g., Sharing a story to a friend on WhatsApp or any other social media or to purchase the rights to reproduce a story for other use).

Except as permitted above, you undertake not to copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of this website without the prior written permission of Klineduo or in accordance with the Copyright, Designs and Patents Act 1988.

Trade Marks etc.

The names, images and logos identifying Klineduo or third parties and their products and services are proprietary marks of Klineduo and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade mark or patent of Klineduo, or any other third party.

User Content

YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.

The Service lets you upload your Photos, as well as written text, images, web links, location information, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.

License for Content – Klineduo License

Content on Klineduo is made available to you on the following terms ("Klineduo License"). Under the Klineduo License you are granted an irrevocable, worldwide, non-exclusive and royalty free right to use, download, copy, modify or adapt the Content for non-commercial purposes. Attribution of the photographer, videographer - creative is required.

The Klineduo License does not allow:

Sale or distribution of Content as digital Content or as digital wallpapers (such as on stock media websites or as NFTs);
Sale or distribution of Content e.g. as a posters, digital prints, or physical products, without adding any additional elements or otherwise adding value
Depiction of identifiable persons in an offensive, pornographic, obscene, immoral, defamatory or libelous way; or
Any suggestion that there is an endorsement of products and services by depicted persons, brands, unless permission was granted.

Please be aware that all Content on Klineduo is free to use for non-commercial purposes. Thus, items in the Content, such as identifiable people, logos, brands etc. may be subject to additional copyrights, property rights, privacy rights, trademarks etc. and may require the consent of a third party or the license of these rights - particularly for commercial applications. Klineduo does not represent or warrant that such consents or licenses have been obtained, and expressly disclaims any liability in this respect.

User Content License. For all User Content you upload, or otherwise make available (in this section - “Submit”) to the Site, you grant Klineduo a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in whole or in part, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Klineduo to: (i) share the User Content across all websites, mobile applications, publications and other online and offline services affiliated with Klineduo; (ii) include the User Content in a searchable format accessible by users of the Site and other Klineduo websites, mobile applications, publications and other online services; (iii) place advertisements in close proximity to such User Content; and (iv) use your name, likeness and any other information you submit in connection with our use of the material you submit. You waive all moral rights with respect to any User Content you provide to the Site. You also grant Klineduo the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you submit or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this section are granted without the need for additional compensation of any sort by Klineduo to you or to any other person or entity. You agree that you will indemnify, defend, and hold harmless Klineduo and its officers, directors and employees for all claims resulting from User Content you Submit. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site, The Klineduo License and under these Terms.

User Content Submitting Rules. Any decisions as to whether User Content violates any posting rule set forth in these Terms will be made by us in our sole discretion and after we have actual notice of such posting. When you submit User Content, you agree to the following rules: Do not submit User Content that:

contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material; contains vulgar, profane, abusive, racist or hateful language, expressions, epithets, slurs, text, photographs or illustrations, or is in poor taste, or is an inflammatory attack of a personal, racial or religious nature;
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
may cause any harm or damage to the Site, you, us, or anyone else;
violates any right of the Site, Klineduo or any third party;
infringes other individuals privacy rights or rights of publicity;
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
violates or encourages the violation of any municipal, state, federal or international law, rule, regulation, ordinance, or similar requirement;
interferes with any third party’s use or enjoyment of the Site;
collects any user content or information, or otherwise accesses the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
violates any robot exclusion headers of the Site, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Site;
attempts to scrape or collect any personal or private information from other users or from the Site;
pretends to come from someone other than you, or where you are impersonating someone else;
intercepts or monitors, damages, or modifies any communication not intended for you;
uploads or transmits viruses or any other harmful, disruptive or destructive files, materials or code;
disrupts, interferes with, or otherwise harms or violates the security of the Site, or any services, system resources, servers or networks connected to or accessible through the Site or affiliated or linked sites;
”flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or
otherwise breaches these Terms.

You are solely responsible for the Content you upload. You warrant that:

you own all proprietary rights in the Content you upload to the Website and that the Content does not infringe the copyright, property right, trademark or other applicable rights of any third parties; and
you have obtained a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release, and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.

You accept that even though we do our best to prevent it from happening, Klineduo cannot be held responsible for the acts or omissions of its users, including any misuse or abuse of any Content you upload.

We also reserve the right to remove any Content at any time and for any reason, including if we believe it's defective, of poor quality, or in violation of these Terms. Klineduo will terminate, in appropriate circumstances, users who are deemed to be repeat infringers.

Unsolicited Material and Ideas. We are happy to hear from our users and welcome feedback regarding our Site. However, neither the Site nor Klineduo is responsible for the similarity of any of its content or programming in any media to materials or ideas provided to the Site. If you do transmit unsolicited submissions to us through the Site or otherwise, you grant Klineduo a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Klineduo sees fit. By using the Site and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Site, Klineduo and its parents, affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.

User Content Screening and Removal. You acknowledge that the Site and/or its designees may or may not pre-screen User Content, and shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content submitted for any reason, including without limitation that such User Content violates these Terms or is otherwise objectionable.

User Content Assumption of Risk. Although the Site may from time to time monitor or review postings and the like on the Site, it cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content submitted to the Site is the sole responsibility of the person who submitted it. This means that you are entirely responsible for all User Content that you submit. To protect your safety, please use your best judgment when using or reading information from our blogs, the site in general, comments sections on our social media handles, or similar features. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on message, comment section, or submitting text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify and contact you.

ABOUT OUR SERVICES

Age: You must be at least 18 Years old to use our services (or such greater age is required in your Country for you to be authorized to use our services without parental approval). In addition to being of the minimum required age to use our services under applicable law, if you are not old enough to have authority to agree to our Terms in your Country, your parent or guardian must agree to our Terms on your behalf.

Our Services

The Services we provide are described on the site and application. You acknowledge and agree that you are solely responsible for any usage you make of any of the Services.

Fees and Taxes

You are responsible for all carrier data plan and other fees and taxes associated with your use of our services, including applicable taxes. We do not provide refunds for our services, except as required by law.

ACCESS TO THE SITE

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet, phone or other mobile devices) meets all the necessary technical specifications to enable you to access and use the site and is compatible with the site.

WHAT YOU ARE NOT ALLOWED TO DO

Except to the extent expressly set out in these terms, you are not allowed to:

‘Scrape’ content or store content of the site or application on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the site;
Remove or change any content of the site or attempt to circumvent security or interfere with the proper working of the site or the servers on which they are hosted; or
Create links to the site from any other website, without our prior written consent, although you may link from a website that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website or any products or services you offer, you link to (and do not frame or replicate) the homepage of the site, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights in other rights of any third party.

You also agree and warrant:

Not to reproduce, duplicate, copy or resell any part of the site or application in contravention of the provisions of these Terms; and
Not to access without authority, interfere with, damage or disrupt;
Any part of the site;
Any equipment or network on which the site is stored;
Any software used in the provision of the site; or
Any equipment or network or software owned or used by any third party

You must only use the site and anything from the site and anything available from the site for lawful purposes, complying with all applicable law and regulations, in a responsible manner, and not in a way that might damage our name or reputation or our affiliates.

You shall not use the site or application:

In any way that breaches any applicable local, national or international law or regulation; or
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
In any way that would represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; or
To send, knowingly receive, download, use or re-use any material which does not comply with our content standards; or
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation.

NOTE: All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.

Site Features and Content

We may change the format, features and content of the site from time to time. You agree that your use of the site is on an ‘as is’ and ‘as available’ basis and at your sole risk. Whilst we try to make sure that content on the site consisting of information of which we are the source is correct, you acknowledge that the site may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information on the site is not intended to amount to authority or advice on which reliance should be placed.

We make or give no representation or warranty as to accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the site or relying on any of its content.

We cannot and do not guarantee that any content of the site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT Security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

RESTRICTIONS

User shall not use the service or any content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Klineduo or others.

INDEMNIFICATION

User is responsible for all of its activity in connection with the service, User shall defend, indemnify, and hold harmless Klineduo, its affiliates and each of its and its affiliates’ employees.

Modifying These Terms. The Site and Klineduo reserve the right to change these Terms at any time in their respective discretion and to notify users of any such changes solely by changing the Effective Date of these Terms. The most current version of these Terms will supersede all previous versions. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these Terms were posted will be governed according to the Terms that applied at the time of your use.

Discontinuation of Service. The Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Site may deny access to other users at any time for any reason, or no reason at all in our sole discretion. In addition, the Site or Klineduo may at any time transfer rights and obligations under these Terms to any Klineduo affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Klineduo, the Site or any of their respective assets.

Statute of Limitations. You agree to file any claim regarding any aspect of this Site or these Terms within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim. This statute of limitations provision does not apply to residents of New Jersey.

TERMS SPECIFIC TO DONATIONS

If you donate to the site or the following provisions will apply in addition to the other Terms herein.

Payments / Fees The Site may have periodic subscription fees at the time of the initial enrolment for subscription. You are responsible for such fees according to the terms and conditions of the Site. Donation fees to Site may contain fixed figures and custom “box” where you can donate any amount you wish to the site. All fees charged will appear on your credit card bill, or will be debited from your account, charged to your telephone, etc., depending on your choice of payment method.

NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS, ANY LIFETIME SUBSCRIPTIONS SHALL BE NON-REFUNDABLE AND NON-TRANSFERABLE. IF THE SITE IS DISCONTINUED, OR IF THE SITE IS NO LONGER OWNED AND OPERATED BY KLINEDUO, THEN THE SUBSCRIPTION SHALL TERMINATE.

Automatic Recurring Billing (If Selected By You On The Payment Page) In accordance with the terms and conditions of the Site, subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from you. Unless and until your subscription is cancelled in accordance with the Terms hereof, you hereby authorize KLINEDUO to charge your chosen payment method to pay for the ongoing cost of donation. In the event of an unsuccessful recurring payment, an administration fee of up to $2.00 may be applied in order to keep a subscription temporarily active until the full subscription fee can be processed successfully.

Cancellation At any time, and without cause, subscription to the service may be terminated by you, KLINEDUO, or the Site upon notification of the other by electronic or conventional mail.

If you have linked your credit card or debit card with PayPal, you can easily cancel recurring payments at any time in your dashboard.

Refunds. Refunds for recurring charges may be requested by contacting our customer support. However Refunds or credits will not be issued for one time subscriptions as it is your own solely decision to donate to us. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by KLINEDUO for any reason, it will be credited solely to the payment method used in the original transaction. KLINEDUO will not issue refunds by cash, check, or to another payment mechanism.

Cardholder Disputes/Chargebacks All chargebacks are thoroughly investigated and may prevent you from making future donations to KLINEDUO. Fraud claims may result in KLINEDUO contacting your credit card issuer to protect you and prevent future fraudulent charges to your credit card.

EXTERNAL LINKS/LINKS TO OTHER SITES

The site may, from time to time, include links to external websites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these websites or for anything provided by them and do not guarantee that they will be continuously available. We accept no responsibility for them or for any loss or damage that may arise from your use of them. The fact that we include links to such external websites does not imply an endorsement of our association with their operators or promoters.

These linked sites are not under our control and thus we are not responsible for their actions. Before providing your personal information via any other website, we advise you to examine the Terms and Conditions of using that website and its privacy policy.

WARRANTY DISCLAIMER

The service (including, without limitation, the site and any software) is provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation,, Implied warranties of merchantability, Fitness for a particular purpose or non-infringement. Klineduo make no warranty that (I) the service is free of viruses or other harmful components, or (II) the results of using the service will meet user’s requirements. Particularly, Klineduo makes no warranties with respect to the accuracy of any data presented via the service. User’s use of the service is solely at user’s own Risk.

LIMITATION OF LIABILITY

In no event shall Klineduo, its officers, directors, employees, agents, vendors or suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service (or any data or other information available through the service): (I) For any lost income, profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, even if foreseeable, (II) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), (III) for any errors or omissions in any data or information or for any loss or damage of any kind incurred as a result of user’s use of any data or information posted, emailed, transmitted or otherwise made available at or through the service, or (IV) For any direct damages in excess of (in the aggregate) $100.00 (US Dollars) provided that, if user has paid for a service or feature, and such payment is more than $100.00 (US Dollars) the liability cap shall be increased to such amount. In addition, Klineduo shall not be liable for any loss or liability resulting, directly or indirectly, from user’s inability to access or otherwise use the service (Including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures denial of service attacks, date data processing failures, telecommunications or internet problems or utility failures). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

SOFTWARE

Software may be made available for you to download in order to help the site or application work better. You may only use such software if you agree to be bound by the privacy policy, terms and conditions (this is sometimes known as an end user license agreement) and other specific policies that apply to such software. You will be made aware of any privacy policy, terms and conditions and other specific policies that apply to the software when you try to download it. If you do not accept such privacy policy, terms and conditions and other specific policies, you will not be allowed to download the software. You should read and understand the privacy policy, terms and conditions and other specific policies carefully as they might contain provisions that set out about your legal responsibilities are when using software, what the providers legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you. All such software is solely for your personal and non-commercial use.

Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these privacy policy, terms and conditions and other specific policies that apply to it) is expressly prohibited and may result in Civil and Criminal Penalties.

EVENTS OUTSIDE OUR CONTROL

In this section an “event outside our control” means any act or event beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial action by third parties, Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these Terms, that is caused by an event outside our control.

If an event outside our control take place that affects our performance of our obligations under these Terms:

We will contact you as soon as reasonably possible to notify you;
We shall not be liable to you for any delay or failure to perform our obligations under these Terms as a result of an event outside our control; and
We shall use reasonable endeavors to minimize any disruption to the services

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE OR APPLICATION

We process information about you and your visits to the site in accordance with our privacy policy.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorized access to the site or application, the server on which they are stored or any server, computer or database connected to the site.

You must not attack the site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this clause 21, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, mobile equipment, mobile programs, data or other proprietary material due to your use of the site or application or to your downloading of any material posted on them, or any website linked to them.

General

You may not transfer or assign any or all your rights or obligations under any contract with us, including but not limited to your rights and obligations under these Terms. As a consumer you have legal rights in relation to services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading standards office. Nothing in these Terms will affect these legal rights, or equivalent in your Country.

Force Majeure. The failure of the Site or KLINEDUO to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Site or KLINEDUO (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.

Severability. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect.

No Waiver. Any failure of the Site to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

No Third-Party Beneficiaries. You agree, except as expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Section Titles. The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Termination. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Site, the Disputes provisions, and all other provisions for which survival is equitable or appropriate.

Conflicts. In the case of a conflict between these Terms and the terms of any electronic or machine readable statement or policy, these Terms shall control. In case of a conflict between these Terms and our Privacy Policy, the Privacy Policy controls.

No Joint Venture, Partnership, or Agency Relationship. No joint venture, partnership or agency relationship exists between you and the Site. These Terms, our Privacy Policy, any uses of the Site by you, and any information, products, or services provided by the Site to you do not create and shall not be construed to create a joint venture, partnership or agency relationship between you and the Site or KLINEDUO.

Material Terms. You agree that the provisions of these Terms that limit liability and disclaim warranties are essential terms of these Terms of Service.

Entire Agreement. These Terms constitute the entire agreement between you and the Site and supersede all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless made in writing and signed by KLINEDUO. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall govern.

Please submit any questions you may have about these Terms or any complaint or concern in relation to any service by email.